Consumer Protection

How Liable are You for Fraudulent Credit Card Charges?

The theft of millions of customers’ credit and debit card data from Target, Neiman Marcus and other retailers last holiday season was a wake-up call for consumers who underestimated their vulnerability to credit and debit card fraud. While you can — and should — take steps to limit your exposure to potential fraudsters, experts believe… Read More

Faster than a speeding bullet! Puffery and performance characteristics in the 21st century

Key Points: Hyperbole will always be part of advertising, but advertisers should remember that an objective representation linked specifically to a characteristic of a product’s performance is unlikely to constitute acceptable puffery and any substantiating data needs to be able to withstand scrutiny. In 1891, the manufacturer of the “Carbolic Smoke Ball” published an advertisement… Read More

State Attorney General Enforces Federal Statute: Something New or Déjà Vu?

Washington AG Bob Ferguson recently announced that he had filed a “first of its kind” lawsuit against a private company and its chief executive for violations of the 2010 Restore Online Shoppers’ Confidence Act (ROSCA). AG Ferguson alleges that Internet Order, LLC, violated ROSCA’s limitations on “negative option” product purchase plans. While this action is… Read More

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